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GASPER v. LOUISIANA STADIUM & EXPOSITION

No. 76-3748.

577 F.2d 897 (1978)

Kenneth O. GASPER et al., Plaintiffs-Appellants, v. LOUISIANA STADIUM AND EXPOSITION DISTRICT et al., Defendants-Appellees, American Lung Association of Louisiana, Intervenor.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 14, 1978.

Attorney(s) appearing for the Case

Jacob J. Meyer, Carl J. Schumacher, Jr., New Orleans, La., for plaintiffs-appellants.

Harry McCall, Jr., Sp. Counsel to the Atty. Gen., James P. Farwell, New Orleans, La., for La. Stadium & Expo. Dist.

William J. Guste, Jr., Atty. Gen., Dept. of Justice, State of La., Kendall L. Vick, Barbara S. Bruckner, Asst. Attys. Gen., New Orleans, La., for defendants-appellees.

J. Harrison Henderson, III, Charles D. Patten, III, New Orleans, La., amicus curiae for Amer. Lung Assn. of La.

Before COLEMAN, AINSWORTH and VANCE, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 14, 1978.

PER CURIAM:

This was an action brought pursuant to the provisions of 42 U.S.C., § 19831 to enjoin the Louisiana Stadium and Exposition District from continuing to allow tobacco-smoking in the New Orleans Superdome during events staged therein. Pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure and without reaching or deciding the "state action" aspect of the...

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